(PC) Dekalb v. Marsh et al, No. 2:2010cv01427 - Document 12 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/15/2010 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell, Jr.. Objections to F&R due within 14 days. (Zignago, K.)
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(PC) Dekalb v. Marsh et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES DEKALB, 11 12 13 14 15 16 Plaintiff, No. CIV S-10-1427 GGH P vs. MARSH, et al., Defendants. FINDINGS AND RECOMMENDATIONS / By an order filed July 21, 2010, plaintiff was ordered to file a certified copy of his 17 prison trust account statement for the six month period immediately preceding the filing of the 18 complaint within thirty days and was cautioned that failure to do so would result in a 19 recommendation that this action be dismissed. The thirty day period has now expired, and 20 plaintiff has not responded to the court’s order. Accordingly, IT IS HEREBY 21 RECOMMENDED that this action be dismissed without prejudice. The Clerk of Court is 22 directed to assign a district judge to this action. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 2 shall be served and filed within fourteen days after service of the objections. The parties are 3 advised that failure to file objections within the specified time may waive the right to appeal the 4 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: September 15, 2010 6 /s/ Gregory G. Hollows 7 UNITED STATES MAGISTRATE JUDGE 8 GGH:035 deka1427.fifp 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2